The recent implementation of the ABLE Age Adjustment Act has opened the door to expanded financial empowerment for people with disabilities. Effective January 1, 2025, the eligibility age for opening an ABLE account increased from 26 to 46. This seemingly simple change marks a major legislative victory, one long advocated for by disability rights groups, and it has notable implications for professionals across legal, financial, and benefits-related fields. For any special needs planning lawyer working with trustees, institutions, or financial advisors, this development introduces a broader cohort of individuals who now qualify for this pivotal planning tool.
A Long-Awaited Shift Driven By Advocacy
The change didn’t happen overnight. Disability advocacy organizations have worked for years to update the arbitrary age limit initially set when the Achieving a Better Life Experience (ABLE) Act was passed in 2014. Raising the age to 46 aligns the program with the lived realities of many who acquire disabilities later in life due to accidents, illnesses, or diagnoses such as multiple sclerosis or mental health disorders.
By expanding eligibility, the federal government has acknowledged that financial empowerment and autonomy should not be bound by narrow age constraints. Professionals in the legal and financial sectors must now consider how this update may affect their clients’ planning options, particularly those who were previously excluded from ABLE accounts due to age alone.
What This Means For Cross-Sector Planning
This expanded eligibility means deeper engagement opportunities with clients who straddle the line between traditional estate planning and disability-related financial tools. Those who became disabled between the ages of 26 and 45 can now save up to $17,000 annually (as of 2025 limits) in tax-advantaged ABLE accounts without affecting their eligibility for fundamental benefits like Medicaid and SSI.
This offers an alternative to more complicated and heavily regulated special needs trusts in certain cases, particularly for clients with modest assets or those looking for greater autonomy over their spending. Law firms, financial advisors, and corporate fiduciaries should be revisiting client rosters and case strategies to identify individuals who might now benefit from an ABLE account where one wasn’t possible before.
Aligning Internal Processes With ABLE Act Changes
The expanded ABLE framework also brings fresh responsibilities. Institutions that provide trust administration or government benefit advising may need internal training updates to reflect this change. Additionally, firms offering trustee services or supporting pooled trust programs may see an influx of inquiries that require clear, up-to-date guidance.
Legal teams should also take note of how ABLE accounts can now supplement, rather than replace, existing trust strategies. Strategic layering of an ABLE account alongside a third-party special needs trust may create better long-term flexibility, especially for individuals who now qualify under the new age cap.
Elevate Your Practice In A Changing Legal Climate
This expansion is more than just a policy update, it’s a reflection of the growing emphasis on autonomy and inclusion in financial planning for people with disabilities. Law firms and allied professionals are encouraged to assess how these updates influence their existing processes and client offerings.
For those looking to position themselves as thought leaders in this evolving space, now is an ideal time to list your law firm with Estate Planning Pros. It’s a valuable opportunity to stay top-of-mind among peers and aligned industries who are also adjusting to these important legal shifts. Connect with our professionals today and showcase your firm’s commitment to proactive, inclusive legal strategy.